Your employer can watch a lot of what you do at work, whether it is via cameras in warehouses, badge readers that track comings and goings, or even software that logs your keystrokes.
Most of this is permitted in California, but there are some important limits. When an employer crosses the line, employees have the right to fight back. That includes seeking compensation for privacy violations and court orders forcing the company to change its surveillance tactics.
At Justice Law Corporation, our California employment class action attorneys help people understand and enforce their rights on the job. Our lawyers have dedicated their careers to assisting working people who have been shortchanged or mistreated by their employers. We have a strong track record of success for our clients in court and through negotiated settlements.
Here is what you need to know about the lines around employee surveillance and what happens when an employer crosses them.
California Workers’ Right to Privacy
Employees do not simply give up their privacy rights when they walk into the office or log onto their work computers.
In California, employees’ privacy rights are enshrined in the state constitution. It gives working people some of the strongest protections in the nation against unwarranted invasions of privacy by both government and private employers.
The California Consumer Privacy Act is a sweeping consumer protection law that covers a wide range of businesses that collect personal information. It is designed not only to protect customers, but also employees and job applicants. The law limits the use of sensitive personal information and requires companies to disclose their data-gathering practices.
That said, employers have significant authority to monitor their workers for legitimate business reasons. California law balances the two competing interests: worker privacy and business needs. Whether a particular type of surveillance is legal often depends on the specific circumstances.
Your Employer Cannot Record Your Conversations Without Consent
California is a two-party consent state. It is a crime to record a “confidential communication” without the consent of each person involved in the conversation.
Confidential communications are any conversations in which the parties reasonably expect they are not being overheard or recorded. That includes phone calls during work hours and on company phones.
Employers generally cannot:
- Secretly record your phone calls, including calls on company phones, without notice or consent
- Plant hidden audio recording devices in break rooms, private offices, or other places where conversations are reasonably private
- Eavesdrop electronically on private conversations between coworkers
Conversations must qualify as “confidential” in order to be protected. Many workplace conversations do not meet the standard. A discussion on an open sales floor within earshot of others is not likely to be considered confidential, for instance. The same goes for conversations at all-hands meetings, open training sessions, or other large group settings.
It is also important to understand that employers can record all kinds of conversations if they get consent. They frequently use employee handbooks and policies to accomplish this. If your employer clearly notifies you that calls on company lines are recorded, and you keep using them, that is usually considered consent.
Where Cameras are Forbidden
A wide range of employers use video surveillance to monitor work areas, such as sales floors, warehouses, entrances and parking lots.
This is generally lawful, but California law clearly bans cameras in other places where privacy expectations are at their highest. That includes restrooms, locker rooms and changing areas.
Employers who make recordings in such areas are subject to criminal penalties and banned from using the recordings for any purpose. There is no exception for business reasons, even if the recordings are meant to prevent theft, bolster security or investigate specific claims of misconduct.
GPS Tracking Limits
Employers increasingly track vehicles and devices, whether it is for safety and security purposes or to track performance and efficiency.
This is generally permitted when the employer owns the vehicle and consents to the tracking. In other words, company trucks and other vehicles are fair game for surveillance.
Employers start to cross the line when they track workers through apps on employees’ personal devices. That is especially true when the tracking continues off hours. Your privacy interests are likely to outweigh any business needs in these situations.
What About Social Media?
Although your employer has wide authority to keep tabs on you during the workday, what you do in your private life is another matter.
An employer cannot force you to provide your social media usernames or passwords. The company also cannot require you to access your personal social media in the employer’s presence so they can look over your shoulder. Nor can your employer force you to make private posts and content public.
Protections against retaliation are a key part of your privacy rights. An employer cannot fire, discipline, or refuse to hire you because you declined to make private social media accounts viewable to them.
There is a very narrow exception for specific situations related to employee harassment or other misconduct investigations. An employment lawyer can help you understand your rights and options in these situations.
It is another story for posts and content that is already public. Your employer can view, screenshot, or download anything that you post publicly. It can also take action in response to such content, depending on the circumstances.
Our California Employment Class Action Attorneys Can Help
If you believe that your employer is violating your rights on the job, whether it is through secret recordings, extensive surveillance, or other terms and conditions, you do not need to go it alone. A California employment class action attorney at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Our office is conveniently located in Pasadena. Contact us at (818) 230-7502 to schedule a free consultation with a California employment class action attorney.
